Legal heirs
John Ruban
(Querist) 04 March 2014
This query is : Resolved
a widow daughter in law whether become a legal heir of father in law as per indian succession act.
Isaac Gabriel
(Expert) 04 March 2014
She is entitled for the share of her husband.
R.V.RAO
(Expert) 05 March 2014
a widow daughter in law is not entitled to the self acquired property of father in law
under Hindu Succession Act-
if the father in law died intestate,all his class 1 legal heirs incl.his widow,his mother,his sons/daughters or "the heirs of his predeceased son"/ predeceased daughter if any are entiltled to one share each.
here,"the heirs of his predeceased son" include the daughter in law of the intestate father inlaw(the queriest in this case)
if the father in law is alive,she can claim maintenance( due on account of her deceased husband share in the property) and a right to get a place to live.
had it been ancestral property of father in law( the word ancestral means -
4 generations down the line starting with great grand father,grand father,father and son) all legal heirs -whether class 1 or not are entitled to one share.
here in case of ancestral property ,her deceased husband and her children being natural heirs to the ancestral property (of her father in law)get share of property.here she takes the share of her deceasd husband.
R.V.RAO
(Expert) 05 March 2014
a widow daughter in law is not entitled to the self acquired property of father in law.
under Hindu Succession Act-
if the father in law died intestate,all his class 1 legal heirs incl.his widow,his mother,his sons/daughters or "the heirs of his predeceased son"/ predeceased daughter if any are entiltled to one share each.
here,"the heirs of his predeceased son" include the daughter in law of the intestate father inlaw(the queriest in this case)
if the father in law is alive,she can claim maintenance( due on account of her deceased husband share in the property) and a right to get a place to live.
had it been ancestral property of father in law( the word ancestral means -
4 generations down the line starting with great grand father,grand father,father and son) all legal heirs -whether class 1 or not are entitled to one share.
here in case of ancestral property ,her deceased husband and her children being natural heirs to ancestral property get share of property.here she takes the share of her deceasd husband.
R.K Nanda
(Expert) 05 March 2014
agree with experts.
T. Kalaiselvan, Advocate
(Expert) 05 March 2014
The query is pertaining to the, Indian Succession act and the provisions are different to that of the Hindu succession act which has been elaborately narrated by expert Mr. Rao, above. A visit to the provisions mentioned in section 54(c)of the Indian succession Act, 1925 would clarify the doubts raised by the author in this regard.
R.V.RAO
(Expert) 06 March 2014
thanks sri jagga rao garu and
Thiru kalaiselvanji.
